Corte Deon Banks v. Steward Sherman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CORTE DEON BANKS, ) Case No. CV 18-9468-SP ) Petitioner, ) ) MEMORANDUM OPINION AND v. ) ORDER GRANTING MOTION TO ) DISMISS ) STEWARD SHERMAN, Warden, ) ) Respondent. ) ) ) 17 I. INTRODUCTION On November 7, 2018, petitioner Corte Deon Banks filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). Petitioner seeks to challenge his 2013 conviction and sentence for second degree robbery in the Los Angeles County Superior Court on the basis that his Sixth Amendment rights were violated when the trial court determined the facts of petitioner’s prior convictions instead of a jury. Petitioner cites two cases in support of his claim, People v. Gallardo, 4 Cal. 5th 120, 226 Cal. Rptr. 3d 379, 407 P.3d 55 (2017), and Descamps v. United States, 570…